Complainant present in person
Opponent absent (Ex-parte)
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Per : Mr. V. P. Utpat, President Place : PUNE
// J U D G M E N T //
(20/07/2013)
This complaint is filed by the consumer against the courier services for deficiency in service under section 12 of the Consumer Protection Act, 1986. The brief facts are as follows,
1] The complainants are residing along with their family at Pune in Park View Apartments, Salisbury Park. The opponent is dealing in the business of International courier services and made representation that they are providing excellent quality services to the customers. The complainants have dispatched one consignment to their relative on the address of Netherland. Complainants have paid an amount of Rs. 6,300/- to the opponent as the charges for sending the said courier, which was weighing 15 kg. The said courier was not received by the consignee. They have sent shirts, t-shirts, food products worth of Rs.12,556/-, which were duly checked by the opponent while accepting the parcel. It was assured that the parcel will be delivered within six working days from the date of dispatch. But the same was not delivered as per promise. The complainants approached the opponent on 24/01/2013 and enquired about the parcel and they were promised that the consignment would be delivered within few days. However, the consignment was not delivered at all and it was lost by the opponent. The complainants have asked the status of the courier. But the opponent has failed to reply the queries. The complainants have sent e-mail to the opponent on 8/2/2013 along with scanned list of documents and asked reimbursement of Rs. 18,856/-. But the opponent did not pay any heed to the grievance made by the complainants. The complainants have issued legal notice on 20/02/2013 and asked refund of the expenses as well as damages. But the notice was neither replied nor complied. Hence the complainants have asked refund of price of goods, fright charges and compensation for deficiency in service.
2] The opponent though duly served, remained absent. Hence the complaint proceeded ex-parte against the opponent.
3] The complainants have filed affidavit in order to support their contentions in the complaint as well as documentary evidence, such as courier receipt, list of products along with price, copy of e-mail and legal notice.
4] The opponent had chosen to remain absent and not interested in contesting the present proceeding. The complaint is decided on merit, on the basis of documentary evidence, as well as affidavit, which is filed on behalf of the complainants. The opponent has failed to avail opportunity to rebut the evidence, which is adduced by the complainants. Hence, it remains unchallenged. It reveals from the pleadings as well as from the averments in the affidavit that the complainants have booked courier parcel through the opponent. The averments made in the affidavit are supported by the documentary evidence i.e. receipt of courier, list of articles including price, copy of e-mail and legal notice. It reveals from the same that the complainants had paid an amount of Rs. 6,300/- towards freight charges for the parcel, which was weighing 15 kg. They have sent articles worth of Rs. 12,556/-. The complainants have asked compensation of an amount of Rs. 25,000/- for deficiency in service as well as physical and mental harassment. In my opinion, the complainants are entitled for freight charges of Rs. 6,300/- as well as cost of the products Rs. 12,556/-, which were not received by the consignee and compensation of an amount of Rs. 10,000/- towards deficiency in service and physical and mental harassment as well as cost of the proceeding. This is clear cut case of deficiency in service, hence it is deserved to be allowed. In the result, I pass the following order,
** ORDER **
1. Complaint is partly allowed.
2. It is hereby declared that the opponent
has caused deficiency in service.
3. The opponent is directed to pay total amount
of Rs. 28,856/- (Rs. Twenty Eight Thousand
Eight Hundred and Fifty Six only) to the
complainants within 6 weeks from the date
of receipt of this order.
4. Copies of this order be furnished to the
parties free of cost.
5. Parties are directed to collect the sets,
which were provided for Members within
one month from the date of order, otherwise
those will be destroyed.
